The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-03-30
THE OLD MINGO CASE.
AN IMPORTANT DECISION MADE
In the U. s. District Court Yesterday In
Favor Of Nimick 3 Co, of P%ittsburgh.
Demurrers of Certain Stockholders
Overruied- Judgment Rendered.

An important order was entered yes
terday by Judge Jackson, Of the United
States DiBtrict Court, in the case Of MIN.
lex 4 Co. against John Bruce and others.
This case has been In tho courts in ono
way aud another for years. The cause Of
action arose early In tho seventies when
the Mingo Furnace Company failed, owing
q number OF creditors, ono OF tho leading
ones being Nimick & Co. Suit was frat
entered in the Municipal Court Of Wheel.
ing in the style Of Nimick & Co. Va. the
Mingo Iron Works, the object aimed at
being the enforcement against certain
West Virginia stockholders OF tho double
liability clause Of the Ohio corporation
law. t'l'pil
The Municipal Court decided against
the plaintiffs, chiefly on tho grounds that
1t could not undertake to settle the affairs
OF an Ohio corporation which was insolv-
ent. Tho case was appealed 10 the Su.
preme Court OF Appeals, which affirmed
the decision Of the lower court, with the
modification, however, that the plaintiffs
bill was dismissed without prejudice,
thus allowing them 10 bring action in any
other form.
Accordingly tho plaintiffs entered suit
in the U. S. District Court. There arc
over twenty defendants named In the or
iginal bill. OF these defendants Samuel
Laughlin, ]. NJ. Brown, George Otto,
Henry Serig, Joseph Graves, W. +. Stiiel,
Christian Hess, John Rogers, IT,, and
Louis Serig demurred 10 tho complaint.
Yesterday the Csae came up for hearing.
The death OF Samuel Laughlin, one Of the
defendants, WAS suggested, and his execu.
tors dOmurred in the words in which he
had previously done go. The demurrera
were ali then submitted, and overruled
by Judge jackson, who held that the bill
OF tho complainants WAS sufficient In law,
thus settling the principle OF the caas in
! favor OF the plaintiff.
The first point alleged in the demurrer
was that the suit could not be maintained
unless the Mingo Iron Works Company
were made u party defendant, and thai
company being al Ohio corporation could
not be made a party 10 the suit here. The
Court held that the stockholders stood il
the relation O! sureties, the corporation
being the principal, and AS proceeding
had already been had against that princi'
pal in Ohio action could be maintained
against tho Buretiea here.
The Gecond objection to the bill waf
that the Ohio statute was a penal statute
which could not 90 enforced in the courts
Of another Stale. The Court held thai
this view was erroneous, and that the La
bility Of tho stockholders waa q contrac,
liability, enforceable against them wher.
ever they may be found.
The defendants named above were
granted time till August /, 1857, to file
answers to the bill Of complaint. A writ
OF scire tdcia, was directed to Issue agsins.
Rt. Rev. John ]. ksiu, executor OF John
Bruce, deceased, 10 show cause why tine
suit against John Bruce should not be re,
vived against his estate. Process was also
directed to issuc against William II,
Woodward as a party defendant in the
caae.
A final decree was entered directing
that the PLAINTIFF recover from thoea de.
PENDANTS who had got appeared in court
to plead to the bill tho sums claimed a.
due from them, IS follows: